এইঅধ্যাদেশবাংলাদেশ সড়ক পরিবহণ কর্পোরেশন আইন, ২০২০(২০২০সনের৫নং আইন)দ্বারা রহিত করা হইয়াছে।
WHEREAS it is expedient to establish a Corporation for the purpose of operating road transport services in Bangladesh; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions from the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:-Short title, extent and commencement
1. (1) This Ordinance may be called the 1 [* * *] Road Transport Corporation Ordinance, 1961. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.Definition
2. In this Ordinance, unless there is anything repug┬¼nant in the subject or context,- 2 [* * *] (ii) “ancillary service” means any subsidiary service which provides amenities or facilities to persons making use of any road transport service; (iii) “Board” means the Board of Directors of the Corporation; (iv) “Corporation” means the Bangladesh Road Transport Corporation established under section 3; (v) “Director” means a Director for the time being of the Corporation; (vi) “dividend” includes bonus; (vii) “road transport service” means a service carrying passengers or goods or both by road in motor vehicles for hire or reward.Establishment of the Corporation
3. (1) As soon as may be, after the commencement of this Ordinance, there shall be established a Corporation by the name of the Bangladesh Road Transport Corporation. (2) The Corporation shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance to hold and dispose of property, both movable and immovable and shall by the name mentioned in sub section (1) sue and be sued.Share capital
4. (1) The authorised share capital of the Corporation shall be six crores of 3 [taka], but the Corporation may, with the previous sanction in writing of the Government, increase its authorised capital. (2) The subscribed capital shall, in the first instance be three crores of 4 [taka], divided into thirty lakh shares of ten 5 [taka] each, of which such number of shares not exceeding thirteen lakhs, as the Government may direct, shall be issued immediately and the remaining shares, may, from time to time, be issued by the Corporation with the previous sanction in writing of the Government. (3) Nothing in sub section (2) shall be construed as preventing the Corporation from classifying or re classifying, with the previous sanction in writing of the Government, the shares issued by it from time to time, or from attaching, with like sanction, to any of such shares, such preferential, deferred, qualified, or special rights, privileges or conditions as it thinks fit. (4) The Corporation shall, in the first instance, offer forty nine per cent of the issued capital for subscription by (a) 6 [* * ] 7 [Bangladesh Railways] to the extent of twenty five per cent and (b) public to the extent of 24 per cent and if the Government so directs, may offer more. (5) Capital may be subscribed in the form of cash or transport assets after assessment and valuation in such manner as the Corporation may prescribe in this behalf and the balance shall be subscribed by the Government, who shall also underwrite the unsubscribed shares, if any, offered to the public, until such time as such shares are duly subscribed. (6) No applicant for shares other than the Government and 8 [ * *] 9 [Bangladesh Railways] shall be allotted ordinarily more than 50,000 shares for a total value of Tk. 5 lakhs. (7) The Government may, at any time, sell or transfer the shares subscribed by it.Appointment and term of office of Chairman and Directors
5. (1) 10 [(a) The Board of Directors shall consist of 11 [ 12 [eleven] Directors, including the Chairman, of whom 13 [three] shall be full-time Directors and] four shall be non-officials, one from each administrative division of Bangladesh, to be appointed by the Government; and] (b) not more than four Directors to be elected in the prescribed manner by the share holders of the Corporation other than the Government, the actual number of Directors to be elected at any time being determined in accordance with the following table:-If the total number of shares subscribed by the share‑holders other than the Government is equal to or exceeds- | Number of Directors to be elected. | |
Forty per cent of the total number of shares | … | Four |
Thirty per cent of the total number of shares | … | Three |
Twenty per cent of the total number of shares | … | Two |
Ten per cent of the total numberof shares | … | One: |
Provided that when the Board is first constituted, the Directors referred toin clause (b) shall be appointed by the Government in accordance with the table given in the said clause from amongst the share‑holders and shall, for the purpose of this Ordinance, be deemed to be elected Directors: |
Provided further that till such time as the Board is fully constituted, the Chairman shall exercise thepowers, functions and duties of the Corporation. |
(2) The term of office of the Chairman shall be five years from the date on which his appointment is notified or from such date as may be specified in the notification and may be re‑appointed for a further period not exceeding three years. |
(3) The Chairman appointed under sub‑section (1) may be either a whole-time or a part‑time officer. When the Chairman is a part‑time officer, sub‑section (2) shall not apply. |
(4) A Director appointed by the Government shallhold office for three years from the date on which his appointment is notified and may be eligible for re‑appointment for a further period of three years. |
(5) An elected Director shall hold office for a period of three years commencing from the date on which his election is notified and shall continue in office after the expiry of his term until his successor is elected and shall be eligible for re‑election. |
(6) The Chairman or any Director may, at any time, resign: |
Provided that his resignation shall not take effect until accepted by the Government. |
(7) Notwithstanding anything contained in the foregoing sub‑sections, the Government may, by notification, remove the Chairman or a Director at any time during the term of his office. |
